complicated case (2 DUIs)

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robertRen

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complicated case (2 DUIs) UPDATE

Well the first one was back in '97 and it was eventually reduced to "wet and reckless" because the BAC was .09 I completed two year probation.

The second one happened in Dec '04 after coming back from the work x-mass party. I was pulled over for not having front license plate and eventually arrested with BAC of 1.4 I was charged as first time offender since the "wet and reckless" charge was over 7 years ago.

Two years ago my Green card was expiring and I was concerned that my green card will not be renewed. USCIS requested that I bring certified copies of arrest records and that was it. My card was renewed without issues.

I wonder how will this process be diferent. I am not an alcoholic, I have been with same company since 1999, I own two properties and have always paid my taxes on time. I got married two years ago and now we have a ten month old beautiful baby girl.

What are my chances. My FP appointment is coming up soon in SJ.
 
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Depending on your state laws, the last DUI may be a CIMT since your BAC was so high. First you need to find out your exact state laws and then determine if the charge was a misdemeanor or felony. There is a chance they may deny you for lack of moral character since you previously had a DUI and your second one falls within statutory period.
 
Bobsmyth said:
Depending on your state laws, the last DUI may be a CIMT since your BAC was so high. First you need to find out your exact state laws and then determine if the charge was a misdemeanor or felony. There is a chance they may deny you for lack of moral character since you previously had a DUI and your second one falls within statutory period.
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There were both in San Jose CA, and were both misdemenaors.

Also, the second BAC was 0.14 not 1.4

Thanks for your reply.
 
robertRen said:
There were both in San Jose CA, and were both misdemenaors.

Also, the second BAC was 0.14 not 1.4

Thanks for your reply.
Click to expand...

In that case it wasn't a CIMT and you should be fine. Just bring all court documents to the interview regarding both cases.
 
How long was your probation for in the 2004 DUI? 5 years?

If you have completed probation, paid all fines, went to dui school etc, you can file a PC 1203.4 motion to withdraw your plea and vacate the conviction.

If you have not completed probation, you will also need to file a motion to terminate probation early. You need to show a compelling interest in addition to meeting the above requirements. Some judges consider a USC application a compelling interest.

You do not need a lawyer to do this. You can do it yourself.
 
ndc121 said:
How long was your probation for in the 2004 DUI? 5 years?

If you have completed probation, paid all fines, went to dui school etc, you can file a PC 1203.4 motion to withdraw your plea and vacate the conviction.

If you have not completed probation, you will also need to file a motion to terminate probation early. You need to show a compelling interest in addition to meeting the above requirements. Some judges consider a USC application a compelling interest.

You do not need a lawyer to do this. You can do it yourself.
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The probation was 3 years which ended in Feb 2008. I have done everything else ordered by court, paid fine, first offender program school and 15 days community service. I was planning to file PC 1203.4 but would it matter since USCIS will still see the arrest date?
 
ndc121 said:
How long was your probation for in the 2004 DUI? 5 years?

If you have completed probation, paid all fines, went to dui school etc, you can file a PC 1203.4 motion to withdraw your plea and vacate the conviction.

If you have not completed probation, you will also need to file a motion to terminate probation early. You need to show a compelling interest in addition to meeting the above requirements. Some judges consider a USC application a compelling interest.

You do not need a lawyer to do this. You can do it yourself.
Click to expand...

The BIA has previously ruled that a motion to withdraw a guilty plea that resulted from a rehabilitative statute still counts as a conviction for immigration purposes (Matter of Pickering, 23 I&N Dec. 621, 624 (BIA 2003), Matter ofRoldan, 22 I&N Dec. 512 (BIA 1999)).
 
UPDATE:

I had my interview today. IO went over my application and I passed all the tests. IO asked me if I have ever been arrested on which I answered "Yes". He than asked me how many times was I arrested and I answered "Two times".

He made me sign my pics, made a comment how his supervisor needs to review my application and gave me the piece of paper stating that "the decision cannot be made yet".

I am bummed but I cannot honestly say that I expected them to just overlook my two arrests. I asked him how long before I receive my answer and he said "two months".

What are my chances that they may approve me?

:(



robertRen said:
Well the first one was back in '97 and it was eventually reduced to "wet and reckless" because the BAC was .09 I completed two year probation.

The second one happened in Dec '04 after coming back from the work x-mass party. I was pulled over for not having front license plate and eventually arrested with BAC of 1.4 I was charged as first time offender since the "wet and reckless" charge was over 7 years ago.

Two years ago my Green card was expiring and I was concerned that my green card will not be renewed. USCIS requested that I bring certified copies of arrest records and that was it. My card was renewed without issues.

I wonder how will this process be diferent. I am not an alcoholic, I have been with same company since 1999, I own two properties and have always paid my taxes on time. I got married two years ago and now we have a ten month old beautiful baby girl.

What are my chances. My FP appointment is coming up soon in SJ.
Click to expand...
 
It's standard procedure for them to have the review your arrests further to determine how they can affect your eligibility. Considering both DUIs were misdemeanors and happened outside the 5 year statutory period, I think you have a good chance for success. Be patient, you should expect an answer in the coming weeks. If you don't hear anything back within about 45 days, then start inquiring about your case via an IO.
 
Bobsmyth said:
Considering both DUIs were misdemeanors and happened outside the 5 year statutory period, I think you have a good chance for success.
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Second one occuured in Dec 04, still within the 5 year statutory period.
 
robertRen said:
UPDATE:

I had my interview today. IO went over my application and I passed all the tests. IO asked me if I have ever been arrested on which I answered "Yes". He than asked me how many times was I arrested and I answered "Two times".

He made me sign my pics, made a comment how his supervisor needs to review my application and gave me the piece of paper stating that "the decision cannot be made yet".

I am bummed but I cannot honestly say that I expected them to just overlook my two arrests. I asked him how long before I receive my answer and he said "two months".

What are my chances that they may approve me?

:(
Click to expand...


Patiently wait and in the meantime, no drinking and driving, even speeding to the corner store for size 2 diapers...:D I mean, even drinking inside the house before going to bed, what if you are cited by the bed bugs? You might be required to disclose this on your oath day, to the animal control police...
 
Bobsmyth said:
My bad; the second one does fall within statutory period, but nevertheless they were both misdemeanors.
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I once read at other immi forum there may be DO-to DO differences in how they treat DUI within 5 years period. Some DOs approved and some DOs
do not. If they are true, don't know it is how state defien DUI matters or just different DO have their power to do things differently
 
WBH said:
I once read at other immi forum there may be DO-to DO differences in how they treat DUI within 5 years period. Some DOs approved and some DOs
do not. If they are true, don't know it is how state defien DUI matters or just different DO have their power to do things differently
Click to expand...

Well the chances for denial are much greater for an applicant with an aggravated DUI committed within the statutory period than with an applicant with a misdemeanor DUI.

On a related note, there is a case of an applicant who successfully overturned a denial based on a misdemeanor DUI within statutory period.

http://immlawcounsel.com/immcase121707ragoonanan.php
 
Well, there is nothing much I can do. I can't change the past and I have been living with DUI consequences for years now: was denied a job at Sun Microsystems even though the hiring manager wanted me to start the next day, paid $$$$ in car insurance and still am paying even though I have never had a single accident in 17 years that I have lived in USA. The bottom line is, DUI can be devastating even if you did not cause material damage or injury or even worse - death. I hope other folks can learn from my example.

I will just wait and hope for the best even though I think I already know the answer. I can't blame IO either. He is doing his job and honestly, if there is an applicant in front of me with two DUIs, I wouldn't approve him right away.

Thanks everyone for chiming in. :)
 
UPDATE: I got my oath letter today. can't even describe how happy and excited I am. :) :) Good luck to everyone else in similar situation.
 
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